Doctor Removes Wrong Rib from Patient During Surgery and Attempts to Cover Up the Mistake

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Doctor Removes Wrong Rib from Patient During Surgery and Attempts to Cover Up the Mistake

By
Wais Vogelstein Forman & Offutt LLC
|April 25, 2016

It is a surprisingly common occurrence for doctors and surgeons to make
a blatant error during a procedure, and worse yet they may try and cover
up their mistake or blame the patient to avoid liability for the damages
that resulted from their malpractice. In the event that a doctor commits
malpractice and tries to cover up the mistake in bad faith, they could
be held accountable for damages above and beyond the economic and non-economic
harms caused to the patient based on their mistake.

Punitive Damages May Be Awarded to Malpractice Victims in the Event of a Coverup

Malpractice victims are generally entitled to both economic and non-economic
damages that stem from a Maryland medical malpractice claim. Economic
damages account for the actual costs of the defendant’s negligence,
and they include medical bills, rehabilitation expenses, funeral costs,
and lost wages. Non-economic damages can include compensation for the
victim’s pain and suffering, as well as payments to family members
of a malpractice victim who are left without the full companionship of
their loved one because of the malpractice committed by a defendant.

A third type of damages can be awarded in addition to economic and non-economic
damages in the event that a doctor commits egregious or outrageous conduct.
These damages, known as punitive damages, are awarded to punish a medical
provider for especially egregious behavior.

What Can Constitute Egregious and Outrageous Conduct to Justify Punitive Damages?

Since doctors occupy a special position of trust with the public, any medical
malpractice that results in serious consequences to a victim can seem
egregious, although not all malpractice claims are appropriate for a punitive
damages award. Some types of behavior, such as an intentional coverup
of medical malpractice by a doctor, or operating on a patient while under
the influence of alcohol or drugs, may warrant a punitive damages award.
Medical providers may also be held accountable for punitive damages in
the event that they consciously disregarded the commission of malpractice
as it was occurring or intentionally caused harm to a patient in a way
that exceeded simple negligence. There are other types of behavior that
can subject a medical provider to a punitive damages claim, and victims
of medical malpractice should consult with a qualified Maryland medical
malpractice attorney to find out if punitive damages may be appropriate
in their case.

A recent news
article explains a case that may be appropriate for a medical malpractice claim
to include punitive damages. According to the news source, a Connecticut
woman was supposed to have a rib removed in May 2015 in an operation at
the Yale-New Haven Hospital in Connecticut. After the operation, the woman
was still experiencing pain, and a subsequent X-ray revealed that the
wrong rib had been removed, and metal coils had been left in her body
from the initial operation. One doctor told her of the mistakes and the
need for a follow up surgery to fix the mistakes, but the surgeon himself
allegedly notified the woman the next day that the correct rib had been
operated on, but too little of the bone was removed, and another surgery
was necessary.

According to the woman’s
complaint, the metal coils that were left in her body were not even mentioned in
the surgeon’s explanation of why another surgery was needed. The
complaint requested punitive damages from the defendant, claiming that
not only was he negligent in removing the incorrect rib and leaving metal
coils in her body, but also his behavior in attempting to cover up the
mistake was egregious enough to warrant additional damages. The case has
not yet gone to trial.

Are You a Victim of Medical Malpractice?

If you or someone you love may be a victim of
medical malpractice, a skilled and effective Maryland medical malpractice attorney can help
seek the compensation that you deserve. The qualified Maryland and Washington,
D.C. medical malpractice attorneys at Wais, Vogelstein, Forman & Offutt
have experience handling difficult medical malpractice claims, and we
can effectively argue for all of the types of damages you may need. Our
malpractice lawyers have offices in the Baltimore/Washington area and
Northern Virginia, and we represent victims of medical malpractice nationwide.
Contact a qualified Maryland and D.C. malpractice attorney at Wais, Vogelstein,
Forman & Offutt today. Call us at (410) 567-0800 or contact us through
our website to schedule a risk-free consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.